|
|
|
|
|
|
|
|
|
|
|
MARVIN MANDEL, Governor 855
|
|
|
|
|
|
|
In subsection (a) (2) of this section, the term
"franchised dealer" is substituted for the
present, obsolete reference to an "authorized
motor vehicle dealer", Also, the present
reference to work "to rectify the licensee's
product or warrant defects" is substituted
with the phrase "work under ... any
outstanding ... new vehicle warranty"; this
conforms to the similar, more modern reference
in §15-203(b)(4) of this subtitle.
Subsection (c) of this section is new language
inserted to reflect Ch. 606, Acts of 1975,
which amended prior Art. 66 1/2, §5—707(c),
but, apparently because of other major changes
made to that section by Ch. 645, Acts of 1975,
was not given effect in the codification of
the section. The present statement that the
fine may not be less than $190 is deleted as
inconsistent with the administrative
discretion attendant on its imposition and to
conform to the general policy of deleting
minimum penalties imposable by a court.
Present §5—707(b) and (c), which provides for
administrative hearings under this section, is
deleted as already covered by the standard
provisions of §15-110 of this title.
The only other changes are in style.
See, also, §15-109 of this title.
15-213. RIGHT OF INJURED PERSONS TO SUE FOR DAMAGES.
NOTWITHSTANDING ANY ADMINISTRATIVE OR CRIMINAL
SANCTIONS IMPOSED BY THIS SUBTITLE, IF A PERSON SUFFERS
FINANCIAL INJURY OR OTHER DAMAGE AS A RESULT OF A
VIOLATION OF THIS SUBTITLE BY ANY OTHER PERSON, WHETHER
OR NOT THAT OTHER PERSON HAS BEEN FOUND GUILTY OF A
CRIMINAL VIOLATION, THE INJURED PERSON MAY RECOVER
DAMAGES AND REASONABLE ATTORNEYS' FEES IN ANY COURT OF
COMPETENT JURISDICTION.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §5-708.
In this section, the reference to persons
suffering "financial injury or other damage"
is substituted for the present reference to
persons suffering "pecuniary loss" for
clarification and to conform to §15-212(c) of
this subtitle.
To avoid an apparently inadvertent oversight,
a more general reference to the violation of
this subtitle by "any ... person" is
|
|
|
|
|
|
|
|
|
|
|
|
|
|